Factsheet: Document retention requirements for a company

Transcription

1 Factsheet: Document retention requirements for a company Introduction The following outlines some frequently asked questions and answers about keeping records and documents. Before you read them you should check: Your organisation's rules (constitution) to see if there is any provision about clients having the right to inspect their own files or have their records retained; The organisation's rules, policies or resolutions passed by members requiring that the organisation's records to be retained for specified period; and Funding agreements to see if they require records to be kept and retained. This summary details some of the main record-keeping requirements but is not exhaustive. There may be others that your organisation needs to comply with depending on the area your organisation works in or contracts/agreements it has. 1. What documents does my organisation need to keep? 2. What taxation records do we need to keep? 3. What employee and volunteer records do we need to keep? 4. What records do I need to keep when conducting public fund-raising appeals? 5. Do you know of any actual or threatened legal proceedings against the organisation or any of its clients? 6. Can I keep records in electronic form? 7. Are we required to have a document retention policy? 8. Are there any examples available of document retention policies? 1

2 1. What documents does my organisation need to keep? The Companies Act states that a company must keep accounting and other records that will: sufficiently explain the transactions and financial position of the company; enable true and fair profit and loss accounts and balance-sheets and any documents required to be attached thereto to be prepared from time to time; and be kept in such manner as to enable them to be conveniently and properly audited. [Companies Act, s 199(1)] The types of records businesses need to keep include: source documents that substantiate all transactions in your business - e.g. receipts, invoices, vouchers, and other relevant documents issued or received from customers/suppliers; accounting records and schedules - manual or electronic records of assets and liabilities, revenue and expenses, gains (profit) and losses; bank statements; and any other records of transactions connected with your business. You are required to keep these records for 5 years. [Companies Act, s 199(2); Income Tax Act and GST Act; IRAS Record keeping essentials] If your organisation is also a charity The Charities Act states that a charity must keep accounting records to sufficiently show and explain all the charity s transactions; disclose at any time, with reasonable accuracy, the financial position of the charity at that time; and prepare a required annual statement of accounts for submission. 2

3 [Charities Act, s 12(1); Charity Portal Submission of Annual Report and Statement of Accounts] The accounting records must contain: entries showing from day to day all sums of money received and expended by the charity, and the matters in respect of which the receipt and expenditure takes place; and a record of the assets and liabilities of the charity [Charities Act, s 12(2)] These records must be preserved for 5 years, and the last trustees of the charity are obliged to carry out this duty even where the charity ceased to exist within the 5 years. [Charities Act, ss 12(3), 12(4)] Note: These requirements do not apply to exempt charities and charitable companies. [Charities Act, s 12(5)] If your organisation is also an Institution of a Public Character An institution of a public character must maintain accounting records containing entries showing: all the donations received and disbursed; details of all the income received and the expenses incurred; the extent to which the amount of donations received has met any target set by your organisation; and the period during which your organisation is approved to collect tax deductible donations. 3

4 If your organisation is a fund that is approved to collect tax deductible donations for a limited period or of a limited amount only, your organisation must maintain separate accounting records for moneys received for the fund and shall comply with the limits to the approval period and to the approved amount for donations to be collected. An institution of a public character must maintain every accounting record for a minimum period of 5 years from the end of the financial year to which the accounting entry relates. [Charities (Institutions of a Public Character) Regulations, s 12] All IPCs are required to post their financial and non-financial information online on the Charity Portal. [Charities (Institutions of a Public Character) Regulations, s 19] 2. What taxation records do we need to keep? Generally, records, receipts and other documentation you have used to prepare your organisation's tax return, including written evidence to verify claims for deductions claimed, must be kept. Your company must maintain proper records of its financial transactions and retain the source documents, accounting records and schedules, bank statements and any other records of transactions connected with your business. For accounting records and supporting documents relating to Year of Assessment (YA) 2007 and the earlier YAs, your company must retain the records for a period of seven years from the relevant YA. For YA 2008 and each subsequent YA, the record-keeping period has been reduced from seven to five years. [IRAS Companies Keeping proper records] If your organisation is a charity With effect from the Year of Assessment 2008, all registered charities will enjoy automatic income tax exemption without having the need to meet the 80% spending rule. 4

5 In other words, you do not need to file income tax returns effective from the Year of Assessment [IRAS Overview of Charities and IPCs] For information about tax-deductible donations, please go to the IRAS website on Donations and Tax Deductions. If your organisation is an Institution of a Public Character Some IPCs have been authorised to issue tax deduction receipts. Upon receiving the tax deductible donations, the IPCs should issue tax deduction receipts to the donors. A tax deduction receipt should contain or incorporate the following information: This donation is tax deductible. For individual donors: This receipt is for your retention. You do not have to claim the deduction in your tax form if you have given your NRIC/FIN number. The deduction will be automatically included in your tax assessment. For other donors: Please retain this receipt for submission to the Comptroller of Income Tax. State the name of the Sector Administrator, where applicable; Be serially numbered; and Be signed by either the treasurer of the IPC or by any person to whom such function is delegated by its trustees. IPCs can also use the electronic medium provided by the Inland Revenue Authority of Singapore (IRAS) to issue the tax deduction receipts. IPCs have to maintain a record showing the particulars of every tax deductible donation received. The record should include the following items: the receipt number (in numerical sequence); the name of the donor; the identification number, or corporate or business registration number, of the donor; the date on which the donation was received; the type of donation received; 5

6 the amount or value of the donation received; and any terms and conditions under which the donation was made. These records must be kept for at least 5 years from the end of the year of assessment relating to the year in which the donation was received. [Charities Portal IPCs Requirements; Charities (Institutions of a Public Character) Regulations, ss 9, 10] 3. What employee and volunteer records do we need to keep? Code of Governance It is obligatory for charities to disclose the extent of their compliance with the Code of Governance. Staff and Volunteers Basic: Human resource policy: There should be documented human resource policies, that cover areas such as recruitment, wages, benefits, training, development actions, performance appraisal and disciplinary actions, approved by the Board for paid staff and volunteers Enhanced: Enhanced rules require additional layers of human resource management in managing volunteers, reference checks, recruitment, performance appraisal, staff payment, reimbursement of expenses, and training. Advanced: Advanced guidelines address the further areas of insurance, feedback channels, conflict resolution and exit policies. [Code of Governance, s 5.1] CPF Submitting contribution details by hardcopy: The Record of Payment (Form CPF 90) should be kept for future reference. If you have misplaced the Record of Payment and request a reprint, a service charge will be levied. 6

7 [CPF Employers guide] Employment Under the Employment Act, every employer shall prepare and keep a register showing the: name; address; the basic rate of pay and allowances; the amount earned; the amount of deductions made from the earnings of each employee employed by him; and such other particulars as may be prescribed from time to time. [Employment Act, s 95(1)] The Commissioner may, require any employer to forward to the Commissioner a return giving the particulars requested. [Employment Act, s 97(1)] For information on who is covered under the Employment Act, please refer to the MOM website on The Employment Act: Who it covers. Workplace Safety and Health Under the Workplace Safety and Health Act, the occupier must keep the following records in the workplace: every document issued in respect of the workplace by the Commissioner for Workplace Safety and Health under the provisions of this Act; a copy of every notice furnished to the Commissioner as required under this Act; and all reports and particulars prepared in respect of the workplace under this Act. 7

8 [Workplace Safety and Health Act, s 18(3)] These records are required to be kept for 5 years. [Workplace Safety and Health Act, s 18(4)] Incident reporting: An incident report must be submitted to the Commissioner of Workplace Safety and Health for all accidents, dangerous occurrences and occupational diseases. Employers and occupiers are required to keep a record of all incident reports for three years. It is an offence to fail to make an incident report as required by the law. For more information, please refer to the MOM website on Who and when to report. 4. What records do I need to keep when conducting public fundraising appeals? For everyone else A charity, commercial fund-raiser or person conducting a fund-raising appeal must maintain accounting records which shall contain entries showing all the donations received and disbursed; and details of all the income received and the expenses incurred. Every accounting record must be maintained for a minimum period of 5 years from the end of the financial year to which the accounting entry relates. [Charities (Fund-raising Appeals) Regulations, s 6] Note: These requirements do not apply to exempt charities and Institutions of a Public Character. [Charities (Fund-raising Appeals) Regulations, s 3] 8

9 Total expenses incurred on public fund-raising appeals in a financial year must not exceed 30% of total donations collected through the public appeals in that year. [Charities Portal Charities Public Fund-raising Appeals; Charities (Fund-raising Appeals) Regulations, s 7] If you are an Institution of a Public Character Records of all donations must be kept. (see section 1: What documents does my organisation have to keep?) If the donations are tax-deductible, there are additional requirements. (see section 2: What taxation records do we need to keep?) If the total gross receipts from any single fund-raising appeal are not less than $1 million, the institution of a public character must: maintain separate financial accounts in respect of that fund-raising appeal; and at the end of the financial year, disclose on its own Internet website or, where it does not have its own Internet website, on the Internet website of the Sector Administrator: o the total gross receipts from the fund-raising appeal; o the total expenses incurred in the fund-raising appeal; and o the purposes for which the funds raised in the fund-raising appeal were used or will be used. [Charities Portal Charities Public Fund-raising Appeals; Charities (Institutions of a Public Character) Regulations, s 14] Total expenses incurred on public fund-raising appeals in a financial year must not exceed 30% of total donations collected through the public appeals in that year. [Charities Portal Charities Public Fund-raising Appeals; Charities (Institutions of a Public Character) Regulations, s 15] 9

10 5. Do you know of any actual or threatened legal proceedings against the organisation or any of its clients? You are required to retain any document or electronic record which you may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant. If you obliterate or render illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant, whether before or after you have been lawfully summoned or required to produce the same for that purpose, it is a criminal offence with imprisonment for a term which may extend to 2 years, or with fine, or with both. [Penal Code, s 204] 6. Can I keep records in electronic form? Any document, record or information can be retained in the form of an electronic record if the following conditions are satisfied: the information contained remains accessible so as to be usable for subsequent reference; the electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; information enabling the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained; and any additional requirements relating to the retention of such electronic records specified by the public agency which has supervision over the requirement for the retention of such records are complied with. [Electronic Transactions Act 2010, s 9(1)] If the document, record or information is required by law to be retained in its original form, they can be retained in the form of an electronic record if the following conditions are satisfied: 10

11 there exists a reliable assurance as to the integrity of the information contained in the electronic record from the time the document, record or information was first made in its final form, whether as a document in writing or as an electronic record; o integrity is assessed by whether the information has remained complete and unaltered, apart from the introduction of any changes that arise in the normal course of communication, storage and display in the light of the purpose for which the information was generated and the relevant circumstances. if the document, record or information is to be provided to a person, the electronic record that is provided to the person is capable of being displayed to the person; and any additional requirements relating to the provision or retention of such electronic records specified by the public agency which has supervision over the requirement for the provision or retention of such records are complied with. [Electronic Transactions Act 2010, ss 10(1), 10(2)] 7. Are we required to have a document retention policy? If your organisation has no policies currently in place regarding the retention and amendment of employment records and other documents you should develop such policies as a matter of good governance, and have regard to: the type of information to be retained by the organisation; the purpose for which that information is retained; the means of accessing, and if necessary altering, the retained information; and the timeframes for retention and what happens to files once this timeframe has expired. 11

12 8. Are there any examples available of document retention policies? Below are some examples of document retention policies: Our Community - retention and archiving policy QUT - Keeping records 12